Wyodak Resources Development Corp. v. United States

OPINION

DAMICH , Judge:

The question before the court is whether the United States Office of Surface Mining Reclamation and Enforcement (“OSM”) improperly assessed reclamation fees on coal, alleged to be lignite coal, produced at the Wyodak Mine near Gillette, Wyoming, at the higher rates applicable to ranks of coal other than lignite coal. The fees were assessed pursuant to the Surface Mining Control and Reclamation Act (“SMCRA” or “the Act”), 30 U.S.C. §§ 1201-1328.

Athough the parties disagree with each other’s characterization of the facts in this dispute, they concur that there are no…